Common use of Pole Attachment Agreements Clause in Contracts

Pole Attachment Agreements. (a) Listed on Schedule 3.07 are all of the pole attachment authorizations and agreements (individually, a "Pole Attachment Agreement," and collectively, the "Pole Attachment Agreements") presently held by Seller and the public utility, municipality or other authority which has granted such authorizations. True, complete and correct copies of each of the agreements, ordinances, resolutions, licenses or permits granting the Pole Attachment Agreements and all amendments, assignments and consents thereto have been furnished by Seller to Buyer. Seller has duly complied in all material respects with all of the terms and conditions of the Pole Attachment Agreements to which it is a party and has not done or performed any act which would invalidate its rights under the Pole Attachment Agreements. There is no pending assertion or claim against Seller that operations pursuant to any Pole Attachment Agreement have been improperly conducted or maintained or, to Seller's Knowledge, no facts or circumstances that might give rise to any such assertion or claim. Schedule 3.07 lists and describes the results of any audits or investigations conducted by any of the parties to the Pole Attachment Agreements during the previous three (3) years. (b) All poles shown on Schedule 3.07 are contacted under valid permit under and in accordance with the terms of the Pole Attachment Agreements. All fees due and payable under the Pole Attachment Agreements have been paid. A true, correct and complete copy of the most recent invoice from each utility or other entity with whom Seller has entered into a Pole Attachment Agreement has been delivered by Seller to Buyer. (c) There is no claim or action pending or, to Seller's Knowledge, threatened, against Seller by any public utility, municipality or other authority which has granted a Pole Attachment Agreement, or by any third party. All rearrangement work on the poles and/or all pole changeout work requested of Seller prior to the date hereof by any grantor of a Pole Attachment Agreement or required under any Pole Attachment Agreement has been completed or, if in progress, will be completed by the Closing Date, or if not completed, an adequate reserve has been accrued therefor by the Seller. (d) The location of each utility pole owned by Seller is set forth on Schedule 3.07.

Pole Attachment Agreements. (a) Listed on Schedule SCHEDULE 3.07 are all of the pole attachment ------------- authorizations and agreements (individually, a "Pole Attachment Agreement," and collectively, the "Pole Attachment Agreements") presently held by Seller and the public utility, municipality or other authority which has granted such authorizations. True, complete and correct copies of each of the agreements, ordinances, resolutions, licenses or permits granting the Pole Attachment Agreements and all amendments, assignments and consents thereto have been furnished by Seller to Buyer. Seller has duly complied in all material respects with all of the terms and conditions of the Pole Attachment Agreements to which it is a party and has not done or performed any act which would invalidate its rights under the Pole Attachment Agreements. There is no pending assertion or claim against Seller that operations pursuant to any Pole Attachment Agreement have been improperly conducted or maintained or, to Seller's Knowledge, no facts or circumstances that might give rise to any such assertion or claim. Schedule SCHEDULE -------- 3.07 lists and describes the results of any audits or investigations conducted ---- by any of the parties to the Pole Attachment Agreements during the previous three (3) years. (b) All poles shown on Schedule SCHEDULE 3.07 are contacted under valid permit ------------- under and in accordance with the terms of the Pole Attachment Agreements. All fees due and payable under the Pole Attachment Agreements have been paid. A true, correct and complete copy of the most recent invoice from each utility or other entity with whom Seller has entered into a Pole Attachment Agreement has been delivered by Seller to Buyer. (c) There is no claim or action pending or, to Seller's Knowledge, threatened, against Seller by any public utility, municipality or other authority which has granted a Pole Attachment Agreement, or by any third party. All rearrangement work on the poles and/or all pole changeout work requested of Seller prior to the date hereof by any grantor of a Pole Attachment Agreement or required under any Pole Attachment Agreement has been completed or, if in progress, will be completed by the Closing Date, or if not completed, an adequate reserve has been accrued therefor by the Seller. (d) The location of each utility pole owned by Seller is set forth on Schedule SCHEDULE 3.07.. -------------

Pole Attachment Agreements. (a) Listed on Schedule 3.07 are all of the pole attachment authorizations and agreements (individually, a "Pole Attachment Agreement," ", and collectively, the "Pole Attachment Agreements") presently held by Seller and the public utility, municipality or other authority which has granted such authorizations. True, complete and correct copies of each of the agreements, ordinances, resolutions, licenses or permits granting the Pole Attachment Agreements and all amendments, assignments and consents thereto have been furnished by Seller to Buyer. All of the Pole Attachment Agreements are validly existing, legally enforceable obligations of the parties thereto in accordance with their terms, and Seller is validly and lawfully operating the Acquired Systems under the Pole Attachment Agreements. Seller has duly complied in all material respects with all of the terms and conditions of the Pole Attachment Agreements to which it is a party and has not done or performed any act which would invalidate or impair its rights under the Pole Attachment Agreements. There is no pending assertion or claim against Seller that operations pursuant to any Pole Attachment Agreement have been improperly conducted or maintained or, to Seller's Knowledgeknowledge, after due inquiry, no facts or circumstances that might give rise to any such assertion or claim. Schedule 3.07 lists and describes the results of any audits or investigations conducted by any of the parties to the Pole Attachment Agreements during the previous three (3) years. (b) The utility pole inventory of Seller shown on Schedule 3.07 is true and correct in all material respects and shows all poles attached for the operations of the Acquired Systems. All poles shown on Schedule 3.07 are contacted under valid permit under and in accordance with the terms of the Pole Attachment Agreements. All fees due and payable under the Pole Attachment Agreements have been paid. A true, correct and complete copy of the most recent invoice from each utility or other entity with whom Seller has entered into a Pole Attachment Agreement has been delivered by Seller to Buyer. (c) There is no claim or action pending or, to Seller's Knowledgeknowledge, after due inquiry, threatened, against Seller by any public utility, municipality or other authority which has granted a Pole Attachment Agreement, or by any third party. All rearrangement work on the poles and/or all pole changeout work requested of Seller prior to the date hereof by any grantor of a Pole Attachment Agreement or required under any Pole Attachment Agreement has been completed or, if in progress, will be completed by the Closing Date, or if not completed, an adequate reserve has been accrued therefor by the Seller. (d) The location of each utility pole owned by Seller is set forth on Schedule 3.07.